[Federal Register: January 2, 2008 (Volume 73, Number 1)]
[Rules and Regulations]
[Page 43-48]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja08-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2007-0093]
RIN 1625-AA87
Security Zone; Kahului Harbor, Maui, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: On November 28, 2007, the Coast Guard published a temporary
interim rule that created a security zone in the waters of Kahului Bay
and Kahului Harbor, Maui, and on designated adjacent areas of land.
This temporary final rule modifies the activation period of the
security zone from the previous interim rule to allow the public
greater access to Kahului Harbor and Kahului Bay during the transit of
the Hawaii Superferry. This temporary final rule is intended to enable
the Coast Guard and its law enforcement partners to better protect
people, vessels, and facilities in and around Kahului Bay and Kahului
Harbor during the transit of the Hawaii Superferry. This rule
complements, but does not replace or supersede, existing regulations
that establish a moving 100-yard security zone around large passenger
vessels like the Superferry.
DATES: This rule is effective from January 2, 2008. through January 31,
2008. The Coast Guard will accept comments on this rule through January
31, 2008.
ADDRESSES: You may submit comments and related material, identified by
Coast Guard docket number USCG-2007-0093, by any of the four methods
listed below. To avoid duplication, please use only one of the
following methods:
(1) Mail: Lieutenant Sean Fahey, U.S. Coast Guard District 14 (dl),
Room 9-130, PJKK Federal Building, 300 Ala Moana Blvd., Honolulu,
Hawaii 96850.
(2) Electronically: E-mail to Lieutenant Sean Fahey at
Sean.C.Fahey@uscg.mil using the subject line ``Comment--Maui Security
Zone.''
(3) Fax: (808) 541-2101.
(4) Online: http://www.regulations.gov.
Documents indicated in this preamble as being available in the
docket are part of docket USCG-2007-0093 and are available for
inspection and copying at U.S. Coast Guard District 14 (dl), Room 9-
130, between 7 a.m. and 3:30 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Sean Fahey, U.S. Coast
Guard District 14 at (808) 541-2106.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
temporary rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM. It would be contrary to
the public interest to delay implementing this temporary rule, as any
delay might result in damage or injury to the public, the Hawaii
Superferry (HSF) and its passengers and crew, other vessels,
facilities, and law enforcement personnel. Though operation of the HSF
from Oahu to Maui was temporarily enjoined by the state circuit court
in Maui, that injunction was lifted on November 14, 2007, following
action by the Hawaii State legislature, and daily service to Maui
resumed on December 13, 2007.
At the time we published the temporary interim rule for Kahului Bay
and Kahului Harbor on November 28, 2007 (72 FR 67251), we cited
assessments by the Maui Police Department that waterborne obstruction
tactics similar to those used in Kauai in August 2007 were likely to be
employed in Maui as our justification for implementing that rule
without first publishing an NPRM, and for making the rule effective
less than 30 days after publication in the Federal Register. In that
rule, the security zone for Kahului Bay and Kahului Harbor is
automatically activated for enforcement 60 minutes prior to the
Superferry's arrival in the zone, and remains activated for enforcement
until 10 minutes after its departure. Notice of the zone's activation
is provided by broadcast notice to mariners and the display of flags at
Gate 1 at the main entrance to the harbor, on Pier No. 2, and at the
harbor entrance on Wharf Street.
The Coast Guard position from the start has been that we would only
enforce a fixed security zone in and around Kahului Harbor if it was
necessary to do so to ensure the safety and security of people, vessels
and facilities. As of December 21, 2007, the HSF has been able to
transit through Kahului Bay and Kahului Harbor without serious
impediment, and the Coast Guard believes that it is appropriate to
modify the previously published interim rule in light of these events
to allow lawful users greater access to the land and waters areas of
the security zone. This modification will allow the Coast Guard the
discretion to activate the security zone only when such action is
necessary to respond to actions by would-be obstructers, such as using
themselves as human shields to obstruct the HSF's passage. This
modification will be effected by changing the activation of the zone
from an automatic event (one hour before the HSF arrives in, until ten
minutes after the HSF departs from, Kahului Harbor) to a discretionary
event--a determination by the Captain of the Port that activation of
the zone is necessary to respond to the actions of HSF obstructers.
Though the Coast Guard has determined that the current security
situation justifies a policy of only implementing the fixed security
zone in and around Kahului Harbor when necessary to respond to acts or
threatened acts that pose a hazard to the safety and security of
people, vessels and facilities, the Coast Guard has also determined
that it would be irresponsible to do away with a fixed security zone
entirely. Just over a week of unopposed sailings into and out of
Kahului by the HSF does not guarantee that would-be obstructers have
entirely given up any thought of employing dangerous obstruction
tactics in the harbor, when the HSF is most restricted in its ability
to maneuver and thus at its most vulnerable. Indeed, waterborne
protesters have illegally entered the waters of the security zone on
several
[[Page 44]]
occasions while the HSF was in Kahului Harbor, resulting in the need
for enforcement action. Furthermore, activists from outside Maui,
including admitted waterborne participants in the August 26 and 27
obstruction of the HSF in Nawiliwili Harbor, Kauai, have traveled to
Maui, and have made statements in the press and otherwise in support of
repeating the Kauai waterborne obstruction tactics on Maui. For these
reasons, the Coast Guard believes it would be prudent, and in the best
interests of safety, to retain a fixed security zone as a tool to be
used when necessary to ensure the safe navigation of the HSF.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this temporary rule effective
less than 30 days after publication in the Federal Register. Also,
under 5 U.S.C. 553(d)(1) this rule may be made effective on January 2,
2008 because it relieves a restriction imposed by the current interim
rule that the zone is activated automatically based on the arrival of
the HSF.
Although the Coast Guard has good cause to issue this temporary
rule without first publishing a proposed rule, you are invited to
submit post-promulgation comments and related material regarding this
rule through January 31, 2008. The Coast Guard received several
comments on the interim rule, and this public input was useful in the
creation of this temporary final rule. All comments will be reviewed as
they are received. Your comments will assist us in drafting future
rules should they be necessary, and may cause us to change this
temporary final rule before it expires.
All comments received will be posted, without change, to http://www.regulations.gov
and will include any personal information you have
provided. We have an agreement with the Department of Transportation
(DOT) for their Docket Management Facility to process online
submissions to Coast Guard dockets. You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov
.
Background and Purpose
The Hawaii Superferry (HSF) is a 349-foot large passenger vessel
documented by the U.S. Coast Guard with an endorsement for coastwise
trade, and certified for large passenger vessel service in the United
States. The HSF, operating Hawaii's first inter-island vehicle-
passenger service, is intended to provide service among the islands of
Oahu, Maui, and Kauai. The sole port in Maui that can accommodate the
HSF is Kahului Harbor. The sole port in Kauai that can accommodate the
HSF is Nawiliwili Harbor.
The HSF inaugurated commercial service from Oahu to both Maui and
Kauai on August 26, 2007. The voyage to and from Maui on that date
occurred without incident. However, in Kauai, nearly 40 swimmers and
obstructers on kayaks and surfboards blocked Nawiliwili Harbor's
navigable channel entrance to prevent the lawful entry of the HSF into
Kauai. Other demonstrators ashore threw rocks and bottles at Coast
Guard personnel who were conveying detained obstructers to shore.
On the following day, August 27, 2007, the HSF again sailed to and
from Maui without incident. Upon arrival in Kauai, however,
approximately 70 persons entered the water again to physically block
the channel entrance, thereby preventing the HSF from docking in
Nawiliwili Harbor. Due to the difficulty in maneuvering in the small
area of Nawiliwili Harbor, and in the interest of ensuring the safety
of the protesters, the HSF's master chose not to enter the channel
until the Coast Guard cleared the channel of obstructers. However,
because the vessel remained outside the harbor, and because the
obstructers did not approach within 100 yards of the vessel, the
existing security zone for large passenger vessels (33 CFR 165.1410)
did not provide the Coast Guard with the authority to control
obstructer entry into Nawiliwili Harbor or clear the channel of
obstructers before the HSF commenced its transit into the harbor. After
waiting 3 hours, and with nearly 20 obstructers still in the water
actively blocking the HSF, the HSF's master, after consulting with
company officials, made the decision to return to Oahu without mooring
in Kauai.
On August 28, HSF officials announced the ``indefinite'' suspension
of commercial operations. Shortly after the company announced its
suspension of operations, a Maui trial court judge in state court
issued a temporary restraining order, which was followed by a
preliminary injunction several weeks later, prohibiting HSF from
utilizing the harbor improvements in Kahului Harbor, Maui. This
injunction was the product of a Hawaii Supreme Court determination that
the Hawaii Environmental Protection Act (HEPA) required the state to
conduct an environmental assessment of the effects of the harbor
improvements that were necessary to accommodate the HSF in Kahului
Harbor. Following the Supreme Court decision, the trial court
determined that HEPA required the environmental assessment to be
conducted before the HSF could use those harbor improvements; and since
that assessment had not occurred, the injunction was a necessary
remedy. The injunction only pertained to Kahului Harbor; it did not
apply in Nawiliwili Harbor, Kauai. However, the HSF voluntarily decided
not to sail to Kauai while the court case was ongoing.
In response to this judicial action, the governor called the Hawaii
legislature into special session to consider whether to grant
legislative relief to HSF. The legislature passed a bill during this
special session called Act 2, which the governor signed into law. Act 2
allowed the HSF to utilize the harbor improvements in Maui and Kauai
while all necessary environmental assessments were being conducted. The
trial judge in Maui determined that this legislation overcame the
requirement in HEPA that caused him to enjoin HSF from utilizing of the
harbor improvements in Maui, and in a ruling on November 14, 2007, he
dissolved and vacated the injunction. This opened the door to HSF
resuming commercial service to Maui.
Notwithstanding the fact that the HSF did not face waterborne
obstructers in Kahului Harbor during its commercial voyages there in
August, 2007, intelligence and assessments by the Maui Police
Department indicated a substantial likelihood that certain elements in
Maui, disaffected by the process that led to adoption of Act 2 and
vacation of the injunction, might adopt the dangerous tactics used by
the obstructers in Kauai in an effort to prevent the HSF from safely
arriving in Maui upon its resumption of service to the island in
December. Individuals and groups had organized rallies and started
several internet forums to encourage and coordinate support for their
efforts. The dangerous and unlawful intent of these individuals and
groups was clear, as was their resolve.
In response, on November 28, 2007, the Coast Guard published a
temporary interim rule in the Federal Register (72 FR 67251) creating a
security zone in the waters of Kahului Bay and Kahului Harbor, Maui,
and on certain land features associated with Kahului harbor, to ensure
the safety and security of people, vessels and facilities during the
transit of the Hawaii Superferry. Under the provisions of that rule,
the security zone is automatically activated for enforcement 60 minutes
prior to the Superferry's arrival in the zone and remains activated for
enforcement until
[[Page 45]]
10 minutes after its departure. Notice of the zone's activation is
provided by broadcast notice to mariners and the display of flags at
Gate 1 at the main entrance to the harbor, on Pier No. 2, and at the
harbor entrance on Wharf Street.
Legitimate recreational users of Kahului Harbor have expressed
concern about the security zone's potential impact on their
recreational activities. This concern was reflected in several of the
comments the Coast Guard received on the interim rule, in comments
reported in the press, and in informal conversations between harbor
users and Coast Guard representatives. In view of the fact that in the
HSF's first full week of resumed operations in Maui there were no
attempts to engage in waterborne obstructions of the HSF's passage, the
Coast Guard has determined that there is no longer a need for the zone
to automatically be activated every time the HSF approaches and enters
Kahului Harbor. Thus, the Coast Guard is creating this temporary final
rule that does away with automatic activation of the fixed security
zone, and instead grants the Captain of the Port discretion to activate
the zone only when he determines that acts or threatened acts pose a
hazard to the safety and security of people, vessels and facilities.
When the security zone is activated for enforcement, notice will be
provided via a marine information broadcast, and via the display of
flags at Gate 1 at the main entrance of the harbor, on Pier No. 2, and
at the harbor entrance on Wharf Street. This rule does not in any way
change the dimensions of the zone established in the temporary interim
rule this rule is replacing, nor does it replace or supersede existing
regulations that establish a moving 100-yard security zone around large
passenger vessels like the Superferry.
This temporary security zone is in response to the threat posed by
would-be obstructers in and around Kahului Harbor to HSF and its crew
and passengers, law enforcement officers working to ensure HSF's safe
transit, and the obstructers themselves. By designating significant
portions of the waters of Kahului Harbor and Kahului Bay, and specified
areas of land adjacent to the water, as a security zone, this temporary
security zone rule provides the Coast Guard and its law enforcement
partners the authority to prevent persons and vessels from entering or
remaining in the water with the intent of using themselves as human
barriers to impede the HSF's safe passage.
Discussion of Rule
This rule creates a temporary security zone in most of the waters
of Kahului Harbor, Maui; in waters of Kahului Bay, Maui; and on
designated areas of land adjacent to Kahului Harbor. This temporary
final rule is effective from January 2, 2008, through January 31, 2008.
When the security zone is activated for enforcement, notice will be
given by marine information broadcast and by a red flag, illuminated
between sunset and sunrise, posted at the following locations: At Gate
1 at the main entrance to the harbor; on Pier No. 2; and at the harbor
entrance on Wharf Street. During its period of activation and
enforcement, entry into the land and water areas of the security zone
is prohibited without the permission of the Captain of the Port,
Honolulu, or his or her designated representative.
In preparing this temporary rule, the Coast Guard made sure to
consider the rights of lawful protestors. To that end, the Coast Guard
excluded from the security zone a defined region which creates a
sizeable area of water in which demonstrators may lawfully assemble and
convey their message in a safe manner to their intended audience. This
area of the harbor not included in the security zone is completely
accessible to anyone who desires to enter the water, even when the
security zone is activated, and is fully visible to observers ashore,
at the HSF mooring facility, aboard the HSF when transiting the harbor,
and from the air.
The Coast Guard also took into account the lawful users of Kahului
Harbor and Kahului Bay in its creation of this temporary rule. As
previously noted, the rule will only be activated when necessary. With
the exception of the 33 CFR 165.1408 100-yard security zone noted above
that surrounds all large passenger vessels, Kahului Harbor and Kahului
Bay will be fully available to all users during the period when the
security zone is not activated. Furthermore, the rule affords those
desiring to use the harbor and surrounding waters and land areas with
the opportunity to request, and a process for requesting, permission of
the Captain of the Port to enter the zone while it is activated in a
manner that will not endanger any vessel, waterfront facility, the
port, or any person.
The security zone incorporates the minimum land and water areas
necessary to ensure the purposes underlying the rule's creation are
served. Waters outside of the harbor are included in the zone to ensure
that the HSF is able to line up, unimpeded, on the range that guides it
safely into Kahului Harbor. The breakwaters on either side of the
harbor entrance are included in the zone to ensure that would-be
obstructers do not have a ready staging point for attempting to block
the very narrow entrance to Kahului Harbor. Pier No. 2, to which the
HSF ties up, is included in the security zone, is entirely fenced off,
and not legally accessible except to authorized personnel. Other than
the designated protest area, the waters of Kahului Harbor, including
areas of the harbor not navigable by the HSF, are included in the zone
to prevent would-be obstructers from interfering with law enforcement
vessels in the harbor that are working to ensure the HSF's safe
passage.
Under 33 CFR 165.33, entry by persons or vessels into the security
zone during a period of zone activation is prohibited unless authorized
by the Coast Guard Captain of the Port, Honolulu or his or her
designated representatives.
Operation of any type of vessel, including every description of
watercraft or other artificial contrivance used, or capable of being
used, as a means of transportation on water, within the security zone
while the zone is activated is prohibited. If a vessel is found to be
operating within the security zone without permission of the Captain of
the Port, Honolulu while the zone is activated, the vessel is subject
to seizure and forfeiture.
All persons and vessels permitted in the security zone while the
zone is activated must comply with the instructions of the Coast Guard
Captain of the Port or the designated on-scene patrol personnel. These
personnel include commissioned, warrant, and petty officers of the
Coast Guard and other persons permitted by law to enforce this
regulation. Upon being hailed by an authorized vessel or law
enforcement officer using siren, radio, flashing light, loudhailer,
voice command, or other means, the operator of the vessel must proceed
as directed.
If authorized passage through the security zone, a vessel must
operate at the minimum speed necessary to maintain a safe course and
must proceed as directed by the Captain of the Port or his or her
designated representatives. While underway with permission of the
Captain of the Port or his or her designated representatives, under 33
CFR 165.1408, no person or vessel is allowed within 100 yards of the
HSF when it is underway, moored, position-keeping, or at anchor, unless
authorized by the Captain of the Port or his or her designated
representatives.
[[Page 46]]
When conditions permit, the Captain of the Port, or his or her
designated representatives, may permit vessels that are at anchor,
restricted in their ability to maneuver, or constrained by draft to
remain within the security zone during the enforcement period in order
to ensure navigational safety. Any Coast Guard commissioned, warrant,
or petty officer, and any other person permitted by law, may enforce
the regulations in this section.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This expectation is based on
the short activation and enforcement duration of the security zone
created by this temporary rule, as well as the limited geographic area
affected by the security zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. While we are aware that the affected area has small entities,
including canoe and boating clubs and small commercial businesses that
provide recreational services, we anticipate that there will be little
or no impact to these small entities due to the narrowly tailored scope
of this temporary rule, as well as the fact that such entities can
request permission from the Captain of the Port to enter the security
zone when it is activated.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they may better evaluate
its effects on them and participate in the rulemaking process. If this
rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Sean Fahey, U.S.
Coast Guard District 14, at (808) 541-2106. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and either preempts State law or imposes a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children. While some obstructers, both on
land and on shore, used small children in furtherance of their
obstruction activities during the August 26 and 27 HSF arrivals into
Kauai, and while online forums and other sources indicate that some
organizers are actively recruiting adolescents and small children with
the intent of putting them in harm's way should the HSF attempt to
enter either Kauai or Maui, any heightened harm faced by children as a
result of these tactics has no relation to the creation of this rule.
Instead, those heightened risks are entirely the product of persons who
recruit and employ adolescents and children to put themselves at risk
of death or serious physical injury by attempting to physically
obstruct the passage of a large passenger vessel in a small harbor.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their
[[Page 47]]
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an explanation of why using these
standards is inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, under figure 2-1, paragraph (34)(g) of the Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. An ``Environmental Analysis Checklist''
and ``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Revise temporary Sec. 165.T14-164 to read as follows:
Sec. 165.T14-164 Security Zone; Kahului Harbor, Maui, HI.
(a) Location. The following land areas, and water areas from the
surface of the water to the ocean floor, are a security zone that is
activated as described in paragraph (c) of this section, and enforced
subject to the provisions of paragraph (d) of this section:
(1) All waters of Kahului Harbor, Maui, shoreward of the Kahului
Harbor COLREGS DEMARCATION LINE (see 33 CFR 80.1460), except for a zone
extending from the shoreline with the following three legs as
boundaries:
(i) A leg extending in a straight line between Buoy ``10'' (LLNR
28375) and Buoy ``12'' (LLNR 28380);
(ii) A leg extending in a straight line between Buoy ``10'' (LLNR
28375) and the nearest shoreline point; and
(iii) A leg extending in a straight line between Buoy ``12'' (LLNR
28380) and the fence line at the southwestern base of Pier Two, at
position (20 [deg]53.589'N, 156 [deg]28.084'W).
(2) Pier No. 2 in Kahului Harbor.
(3) The eastern breakwater at the entrance of Kahului Harbor,
beginning at the east break wall (20 [deg]53.958'N, 156 [deg]28.161'W).
(4) The western breakwater at the entrance of Kahului Harbor,
beginning at the berm on the west break wall (20 [deg]53.925'N, 156
[deg]28.611'W).
(5) All waters of Kahului Bay bounded on the south by the COLREGS.
DEMARCATION LINE (see 33 CFR 80.1460); bounded on the north by line of
latitude 20[deg]56' N; bounded on the west by a straight line drawn
from the berm on the west break wall (20[deg]53.925' N, 156[deg]28.611'
W) at a direction of 330[deg] to the line of latitude 20[deg]56' N; and
bounded on the east by a straight line drawn from the east break wall
(20[deg]53.958' N, 156[deg]28.161 W) at a direction of 030[deg] and
ending at the line of latitude 20[deg]56' N.
(b) Effective period. This section is effective from January 2,
2008, through January 31, 2008. It will be activated for enforcement as
described in paragraph (c) of this section.
(c) Zone activation. The zone described in paragraph (a) of this
section will be activated for enforcement when necessary, as determined
by the Captain of the Port Honolulu, to prevent damage or injury to
vessels, persons, and waterfront facilities, including the Hawaii
Superferry, its passengers and crew. The zone, however, will be
activated no sooner than 60 minutes before the Hawaii Superferry's
anticipated arrival into the zone and will remain activated no more
than 10 minutes after the Hawaii Superferry's departure from the zone.
Notice of activation of the zone will be made by the issuance of a
marine information broadcast, and by the hoisting of a red flag,
illuminated between sunset and sunrise, posted at the following
locations: at Gate 1 at the main entrance to the harbor; on Pier No. 2;
and at the harbor entrance on Wharf Street.
(d) Regulations. (1) Under 33 CFR 165.33, entry by persons or
vessels into the security zone created by this section and activated as
described in paragraph (c) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port, Honolulu or his or
her designated representatives. Operation of any type of vessel,
including every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on water, within the security zone is prohibited. If a
vessel is found to be operating within the security zone without
permission of the Captain of the Port, Honolulu, and refuses to leave,
the vessel is subject to seizure and forfeiture.
(2) All persons and vessels permitted in the security zone while
the zone is activated must comply with the instructions of the Coast
Guard Captain of the Port or the designated on-scene-patrol personnel.
These personnel comprise commissioned, warrant, and petty officers of
the Coast Guard and other persons permitted by law to enforce this
regulation. Upon being hailed by an authorized vessel or law
enforcement officer using siren, radio, flashing light, loudhailer,
voice command, or other means, the operator of a vessel must proceed as
directed.
(3) If authorized passage through the security zone while the zone
is activated, a vessel must operate at the minimum speed necessary to
maintain a safe course and must proceed as directed by the Captain of
the Port or his or her designated representatives. While underway with
permission of the Captain of the Port or his or her designated
representatives, no person or vessel is allowed within 100 yards of the
Hawaii Superferry when it is underway, moored, position-keeping, or at
anchor, unless authorized by the Captain of the Port or his or her
designated representatives.
(4) Persons desiring to transit the security zone in this section
while the zone is activated may contact the Captain of the Port at
telephone number (808) 927-0865 or on VHF channel 12 to seek permission
to transit the area. If permission is granted, all persons and vessels
must comply with the instructions of the Captain of the Port or his or
her designated representatives. When conditions permit, the Captain of
the Port, or his or her designated representatives, may permit vessels
that are at anchor, restricted in their ability to maneuver, or
constrained by draft to remain within the security zone in order to
ensure navigational safety.
[[Page 48]]
(e) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other Captain of the Port representative permitted by
law, may enforce this temporary security zone.
Dated: December 21, 2007.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard
District.
[FR Doc. E7-25496 Filed 12-31-07; 8:45 am]
BILLING CODE 4910-15-P